Terms and Conditions

1. INTRODUCTION

1.1 ABC Salesbot Sdn. Bhd. (Company Registration No.: 202301049689 (1543603-M)) (“Entity”) is the owner and operator of the online platform known as “ABC Salesbot” (hereinafter “Company”) that provides the Services (as hereinafter defined) via the Platform. “Platform” includes the Company’s website at https://abcsalesbot.com/ (“Website”), the mobile application and such other online platform and/or software application that the Company may use to provide or facilitate the provision of the Services. The usage of the Platform by the User shall be governed by these terms of use (“Terms”) and any other terms and conditions as well as the privacy policy (“Privacy Policy”) published on the Platform (such other terms and the Privacy Policy are collectively referred to as the “Other Terms”).

1.2 Please read the Terms carefully. By accessing the Platform, using the Services and/or registering an Account (as hereinafter defined), the User (as hereinafter defined) acknowledges that it has read, understood and agreed to be bound by the Terms and the Other Terms as may be amended by the Company from time to time. If the User does not agree to the Terms and the Other Terms, please do not access the Platform, use the Services and/or register the Account. Upon acceptance, the Terms and the Other Terms shall constitute a legal and binding agreement between the User and the Company.

1.3 The User acknowledges and agrees that the Company may, at its sole discretion, without liability and without prior notice, update, supplement and/or amend the Terms and the Other Terms, and that any such update, supplement or amendment shall automatically form part of the Terms and Other Terms (as the case may be). The Company may notify such changes by updating the Terms and the Other Terms. The User’s continued engagement of the Company following any such revision shall constitute the User’s agreement to be continuously bound by the amended Terms and the Other Terms.

1.4 In addition to these Terms, any benefits, activities, events, products and/or services related to the Company may be subject to additional terms and conditions or guidelines which may be communicated by us from time to time. These additional terms and conditions or guidelines in respect of such benefits, activities, events, products and/or services related to the Company will supplement and form an integral part of these Terms unless stipulated otherwise.

2. DEFINITIONS

2.1 The following terms shall have the following respective meanings:

“Account”: means the account that is registered by the User with the Company on the Website;
“Account Information”: shall have the meaning ascribed to it as set out under clause 6.3(a);
“Applicable Laws”: means with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject;
“Bot”: shall have the meaning ascribed to it as set out under clause 6.2;
“Bot Code”: means any script or code that may be provided by the Company to the User for integration of the Bot Service on the User Platform (as hereinafter defined);
“Bot Service”: shall have the meaning ascribed to it as set out under clause 6.2;
“Confidential Information”: means the Company’s technology, the Bot Code, all code, inventions, know-how, business, technical information, product knowledge and any information related to the Services;
“Contents”: means all the contents contained on the Platform and in the course of the provision of Services, including without limitation, information, photos, audio, video, location data, nearby places, coding, and all other forms of data or materials made available in connection with the products or services, promotions and advertisements, hyperlinks or pop-ups, interactive features, activities and designs and graphics displayed in the visual interfaces;
“End User”: means the user who accesses the User Platform and “End Users” shall be construed accordingly;
“Force Majeure”: means any event affecting the performance of any provisions of these Terms arising from or attributable to acts, events, omissions or accidents which are beyond the reasonable control of a party to these Terms including, without limitation, any abnormally inclement weather, flood, lightning, storm, fire, explosion, earthquake, subsidence, structural damage, epidemic, pandemic or other natural physical disaster, Act of God; failure or shortage of power supplies, war, military operations, riot, crowd disorder, strike, lock-outs or other industrial action, control movement order, terrorist action, civil commotion, transportation stoppages or unavailability; epidemic, pandemic, inadequate or reduced supply or excessive cost of suitable materials and any legislation, regulation, ruling and omissions of any relevant government, court or any competent national or international authority (such rulings or omissions which affects the performance of any provisions of these Terms not due to a default of the affected party);
“Services”: shall have the meaning ascribed to it as set out under clause 6.1;
“Service Period”: means the period for which the Company provides Services to the User;
“Third-Party Messaging Platform”: means a third-party independent messaging service distinct from the Bot Service of the Company, including but not limited to Whatsapp, Facebook and Instagram messaging service;
“User”: means the user who accesses or uses the Platform and/or Services and “Users” shall be construed accordingly;
“User Business”: means the User’s business or other offerings owned or operated by the User;
“User Platform”: means the website, Third-Party Messaging Platform, application and/or such other platforms which the User applies and utilises the Bot Service to communicate with the End User, subject always that what comprises the User Platform shall be determined by the Company after consultations with the User;
“we”, “us”, “our”: means the Company.

3. ACCOUNT AND SECURITY

3.1 The User may access the Platform subject to the Terms and the Other Terms. If the User wishes to use the Bot Service or such other Services as determined by us, the User shall create an Account with us.

3.2 The Account shall only be for the use of the User and shall not be shared with any other persons. The User must treat any verification/authentication pin or password as confidential and must not disclose it to any persons. The User agrees that the Company will not be liable to any loss or damage arising from the User’s intentional or unintentional disclosure of password to any persons at any time.

3.3 If the User is an individual, the User must be at least 18 years of age to use the Services. We may require the User to provide us with proof of age before we accept the User’s registration. By agreeing to these Terms, the User represents and warrants to us that the User is at least 18 years old. If the User is younger than 18 years of age, the User confirms that it has the permission of its parent or legal guardian who has consented to these Terms to register with the Company.

3.4 The User acknowledges that the Services provided are intended solely for business to-business (B2B) purposes and that these Terms are not governed by and subject to any consumer protection laws or regulations. The User warrants that the User shall use the Services exclusively in a commercial context only.

3.5 The User warrants that all information provided to the Company as part of the User’s Account profile is true, complete, accurate and will be updated in a timely manner in the event of any changes. Any personal data which the User has provided to the Company during the registration of the Account or any time while using the Services is governed by our Privacy Policy.

3.6 The User warrants that its access to the Platform, usage of the Services and/or creation of the Account will not violate any Applicable Laws, and that the User will not engage in any activity that may cause interference, disruption, harm or cessation of transmission through the Account. The User agrees to be responsible for all matters arising from its Account and its registration with the Company and the acts of such other persons to whom the User has shared access to its Account. If the User notices that an error has occurred in the operation of verification pin or password, suspects that its Account is no longer secure or that unauthorized activity has been carried out using its Account, please notify us at our Entity’s email as stated under clause 19.2 of these Terms or other way of contact as may be determined by us from time to time.

3.7 By creating the Account, the User agrees to receive newsletter and communication as may be sent by the Company. The User hereby acknowledges and consents that the Company may access, preserve and disclose the User’s Account and Account Information to any legal regulatory, government authority, the relevant rights owner or third parties if required to do so by the Applicable Laws pursuant to an order of court or lawful request by any governmental or regulatory authority having jurisdiction over the Company in accordance with the terms of the Privacy Policy.

3.8 The User acknowledges and agrees that the Company reserves the right to disable access to, suspend or terminate the User’s Account without providing reason and prior notice and shall further be entitled to terminate and/or suspend the Services at any time. The User may then be prevented from accessing the Platform including the Website and the Services. The User may request for reactivation and the Company shall have absolute discretion on deciding whether to reactivate the User’s Account.

3.9 The User is solely responsible for the activity that occurs on its Account even if such activities or uses were not committed by the User, and the User must keep its Account password secure. If a legal dispute or law enforcement action is commenced related to the User’s Account for any reason, the Company may terminate the User’s Account immediately with or without notice. The Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the User’s failure to comply with this section.

3.10 The User must notify the Company immediately of any breach of security or unauthorized use of its Account. The Company shall not be liable for any losses caused by any unauthorized use of the User’s Account.

4. DEVICES

4.1 To access the Services and/or the Platform, the User and the End User will need a device that meets the system and compatibility requirements for the relevant Contents (which may be changed by the Company in its sole discretion from time to time), internet access, compatible software platform and such other requirements prescribed by the Company. The User’s and the End User’s ability to use the Services and/or the Platform may be affected by these factors. The Services and/or the Platform may not be accessible on all devices and we do not guarantee that all or any features or functionalities of the Platform will work on any particular device.

4.2 To access the Services and/or the Platform, the User and the End User need to have access to internet connectivity and appropriate telecommunication links. The User and the End User acknowledge that the terms of agreement with their respective network operator will continue to apply when using the Services and/or the Platform. As a result, the User and the End User may be charged by their respective network operator for access to network connection services for the duration of connection while accessing the Services and/or the Platform or charged by any such third-party for any fees that may arise. The User and the End User accept responsibility for any such charges and fees that arise.

4.3 The User and the End User shall be solely and respectively responsible for ensuring the security and access to their respective devices for purposes of accessing and utilising Services and/or the Platform. The Company bears no responsibility and liability whatsoever for ensuring, verifying and/or identifying the identity of the User or the End User during usage of the Services and/or the Platform.

5. OWNERSHIP

5.1 The User agrees and acknowledges that all right, title and interest in and to the Platform, the Services and any related and underlying technology shall belong to the Company and/or its service providers or partners. The User shall not claim ownership to any of the aforementioned and shall only obtain limited right to access or use the Services during the Service Period in accordance with these Terms.

5.2 All Contents are protected by intellectual property laws. All rights, title and interest in the Contents are owned by, licensed to or controlled by the Company or the Company’s service providers or partners.

5.3 The Bot Code shall be implemented on the User Platform in order to enable the Bot Service. The User acknowledges that the ownership to the Bot Code shall belong to the Company and/or its service providers or partners and the Company and/or its service providers or partners is merely granting the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence during the applicable Service Period for the implementation of the Bot Code on the User Platform in connection with the Services solely for lawful purposes.

5.4 Save as otherwise provided, the Contents shall not be reproduced, distributed, disseminated, retransmitted, published, modified or created as derivative work, commercially exploited or sold without the prior consent in writing of the Company. In the event where the Company allows sharing of Contents for promotional or any other purposes, the User shall not remove or attempt to remove any of the Company’s name, trademark or logo or anything not permitted by us from the Contents.

5.5 We reserve the right at any time and without prior notice, to remove or disable access of User to any Contents displayed for the Company.

5.6 We may provide such function for the User to submit review or feedback for our Services and the User may submit the same via our Platform or such other media by way of texts, photographs, videos, sound or such other method (“Review”). You hereby agree that we may freely use or exploit the Review in connection with our Services. You further agree to grant to us a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate the idea or suggestions in the Review into any of our product or service at any time at our sole and absolute discretion.

5.7 During the course of providing the Services, you may provide or we may request for testimonials, interview or successful story in relation to your usage of our Services (“User Experience”). You hereby authorise and grant the right for us to freely use or exploit the User Experience in connection with our Services and/or publish your entity’s name and sign/mark/logo (as the case may be) on our Platform solely for marketing and promotional purposes. You agree that we may disclose your subscription to our Services to third parties without your prior consent.

6. SERVICES

6.1 The Company may provide to the following services to the User (“Services”):

(a) the Bot Service; (b) advisory services in relation to the Bot Service, including utilisation of the Bot Service to maximise its functionality (“Advisory Service”); (c) classes and seminars in relation to the building of Bot, business operation, marketing strategies and various other aspects (“Seminars”); (d) certification services in relation to the building of Bot (“Certification Service”); and/or (e) such other services that may be determined by the Company from time to time in its sole discretion through the Platform.

The nature and type of Services to be provided by the Company to the User shall be subject to mutual agreement, as set out in such document and communication between the User and the Company.

6.2 The Services includes the provision of bot functionality, whereby the bot may contain any or all of the following features (such bot built shall be referred to as “Bot” and such service shall be referred to as “Bot Service”):

(a) generate automated responses in relation to the User Business to the End User on the User Platform; (b) generate automated responses to the End User on the User Platform; (c) respond to queries by the End User on the User Platform; (d) make appointment, check inventory and/or take order from the End User on the User Platform; (e) send automated messages to the End User through the User Platform, such as reminder for appointment, follow up of the previous subject matter and sending of promotional and marketing messages; (f) offer shortcuts to the webpages, contacts or documents relevant to the User Business; (g) provide billing information through the User Platform; (h) analyse End User’s activity and send targeted reminder to the End User; (i) such other functions that may be provided by the Company from time to time.

The Company may, at its discretion, include a set of terms of use for the User under the Bot Service, outlining the terms and conditions for utilising the Bot Service (“Bot Service Terms of Use”), which the User may choose to publish on the User Platform for the End User to observe.

6.3 To use the Services, the User shall follow the steps below:

(a) create an Account with us, which we may request the User to provide any or all of the following information as part of the registration of the Account (“Account Information”): (i) the particulars of the User’s identity; (ii) the intended Services to be provided; (iii) information which the User intends for the Bot Service to provide to the End User; (iv) knowledge base of the User Business, such as the nature of business, product information and operating hours; and (v) such other information that may be required by the Company; (b) upon the successful registration of the Account, the User will be able to check the pricing of the User’s desired service package on the Platform or the Company will generate a quotation for the Services according to the Account Information and any specific requirement of the User (such pricing published or quotation generated shall be referred to as “Quotation”); (c) if the User agrees to the Quotation and subscribes to the Services, the Company shall deliver the Services to the User subject to the provisions of these Terms. If such Services shall be the Bot Service, the Company may also (but not obliged to) deliver a set of instructions on the usage of the Bot Service to the User; (d) the Bot Service may be integrated into the User Platform as determined by the Company, such as: (i) Whatsapp business platform, which the Company may register a phone number for the User to respond to the End User in Whatsapp using the Bot Service (“Phone Number”); (ii) any other Third-Party Messaging Platform; (iii) the User’s website; and (iv) such other platforms that the Company deems compatible.

6.4 In relation to the Third-Party Messaging Platform, the User represents and warrants that the User has agreed to the terms of use of any Third-Party Messaging Platform and hereby authorises the Company to create on the User’s behalf, an account on the Third-Party Messaging Platform in accordance with the provisions of such terms of use, which governs the User’s usage on the Third-Party Messaging Platform.

6.5 The access to the Services may be subjected to usage limitation (“Usage Limitation”), including but not limited to the following:

(a) usage of the Bot Service, for example, the usage of the Bot Service will be subject to storage and/or bandwidth restrictions and limitations; (b) the number of the attendees of the Seminars.

We shall be entitled to modify the Usage Limitation in our sole discretion at any time, without prior notice to you.

6.6 Some Services may be subjected to specific service or product terms. By accessing, subscribing or using such service or product, the User hereby agrees that the User shall be bound by such specific service or product terms as well, which forms part of the Other Terms.

7. LIMITATIONS AND EXCLUSIONS

7.1 The Services shall be subject to the following restrictions, exclusions and limitations, whereupon the User and the End User acknowledge and agree that the Company shall not be held responsible or liable in any manner whatsoever with respect to any of the following (including matters incidental thereto):

(a) that the Services will be uninterrupted and available at all times; (b) any delay, errors or inaccuracies in the responses generated through the Bot Service; (c) any Usage Limitation; (d) the usage of the Bot Service by the User and the End User; (e) the usage of the Phone Number, including without limitation, any improper or illegal activities associated with the Phone Number conducted by the User, the End User or any other authorised or unauthorised third party; (f) the accuracy or completeness of information provided in relation to the User Business for the usage of Bot Service; (g) the responses to End User’s queries through the Bot Service that may not fully address the End User’s specific needs or expectations; (h) the contents of automated messages sent to End User through the Bot Service; (i) the effectiveness of any shortcuts offered through the Bot Service for the access to such webpages, contacts or documents related to the User Business; (j) the availability or delivery of any goods, services, content, advertisements, products or any materials that may be provided by the User to the End User, as conveyed through the Bot Service; (k) the non-functionality of the Bot Service due to the act or omission of the User or the End User, for example, any changes to the User Platform which interrupt the programming of the Bot Code; (l) any scheduled or emergency maintenance, modification or updates of the Company’s software system which may involve temporary suspension, unavailability or interruption to any of the Services; (m) the User or the End User’s ability to use the Services; (n) the User or the End User’s contentment with the Services; (o) the practicality, functionality or accuracy of the Bot Service Terms of Use; (p) the unauthorized sale, lending or granting of further licenses and sublicenses to the Services or otherwise providing access to the Services to any third party; (q) statement, representation or conduct by any third party in the course of provision of Services; (r) any change, lost, interception or storage of the User’s or the End User’s data which is transmitted over the network during the course of provision of Services; (s) accuracy or reliability of billing information; and (t) such other matters that the Company shall prescribe.

7.2 The Company cannot guarantee continuous or secured access to the Services that may be interfered with by numerous factors which are out of the Company’s control. Accordingly, to the extent legally permitted, the Company makes no representations or warranties of any kind with respect to the Services, including its systems and software or any part thereof, express or implied, and shall not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages which may be suffered or incurred by the User or the End User or any third party in connection with the use of the Services including (without prejudice to the generality of the foregoing) any loss of profit in consequence of a breakdown in providing the Services or any part thereof.

7.3 The Company shall not be liable for any of the network, utility, functionality, account maintenance and application programming interface (API) of the Third-Party Messaging Platform and the provider of the Third-Party Messaging Platform shall be solely responsible for the same.

8. PAYMENT

8.1 The User agrees to pay for the Services in any of the following manner, depending on the Services selected (“Payment”):

(a) monthly payment, to subscribe to the Bot Service or the newsletter that may be circulated by the Company; (b) payment per message, which shall be charged for any exceeding quota of the messaging features under the Bot Service; (c) one-off payment, for the Advisory Service, the Seminars, the Certification Service or the renewal of the certification; or (d) such other manner prescribed by the Company.

8.2 The Company will notify the User if, for any reason, the Company is unable to process the payment made by the User. The circumstances where the Company may not be able to process the payment include, without limitation:

(a) where the payment is not cleared from the User’s bank account; (b) such circumstances not within the control of the Company; and/or (c) such circumstances as prescribed by the Company from time to time, which the Company shall not be liable for such failure of payment.

8.3 All of the Payment shall be non-refundable, save and except for the following circumstances:

(a) where the Payment has been made for a relevant Services and the Company ceases to provide such Services at no fault of the User; (b) where the Customer has made excessive Payment; or (c) where the Company deems fit, such as refund for promotional purposes.

9. SUSPENSION AND TERMINATION

9.1 The Company shall be entitled to suspend (“Suspension”) and/or immediately terminate (“Termination”) (whichever applicable) the User’s access to the Services or any part thereof (including but not limited to usage of the Bot Service, the usage of the Phone Number and/or the account associated with the Third-Party Messaging Platform created by the Company), without prior notice to the User, if the User and/or End User:

(a) defaults or commits any breach of its obligations under these Terms, the Other Terms or any other policies and guidelines provided by us; (b) misuses our Services; (c) tampers or attempts to tamper with data, infrastructure, or settings within the Bot Service system; (d) incorporate the Bot Service into any platform other than the User Platform without prior written consent of the Company; (e) changes, removes or conceals any copyright, trademark, patent, or similar markings within our Services; (f) engages in impermissible or unauthorized actions, including copying, creating derivative works from, modifying, distributing, licensing, sublicensing, transferring or otherwise exploiting our Services; (g) performs actions such as reverse engineering, altering, decompiling or extracting code from our Services; (h) uses or authorises any other party to use the Phone Number for malicious or illegal activities; (i) uses the Bot Service to send spam, unsolicited messages or engage in abusive or disruptive behaviour; (j) uses the Bot Service to share inappropriate content, advertising, spyware or malware; (k) engages in hacking, malware distribution, transmitting harmful computer code, viruses or similar elements through or onto our system or other malicious activities that could harm the Bot Service, the Users or the End Users; (l) fails to make payments for the Services as per the payment terms, such as late or non-payment of subscription fees or such other fees as determined by the Company; (m) attempts to gain unauthorized access to our Services or systems; (n) integrates the Bot Service with unauthorized or unsupported third-party applications or services; (o) conducts any such act which the Company shall deem to be a breach of the Terms and/or the Other Terms.

(the above shall be collectively referred to as “Acts of Default”)

9.2 In the event of Termination, the User and the End User will immediately cease any and all use of and access to the Platform, the Services, the Account, the account associated with the Third-Party Messaging Platform and/or the Bot Code, and that the Company may to the extent permitted by Applicable Laws delete such data as may have been stored by the Company from time to time. The User and the End User irrevocably agree that the Company shall not be liable for any losses and damages that may arise from such consequences of Termination.

9.3 The Termination shall not affect the respective rights and obligations of the parties arising before the date of Termination. The Company shall not be liable to the User, the End User or to any other third party as a result of any such Termination.

9.4 In the event of Suspension, the Company shall have the right to determine the period of Suspension, the condition of lifting the Suspension and/or whether to lift the Suspension, based on the Company’s sole discretion, without providing notice or reason to the User and the End User.

9.5 The Suspension or Termination shall not relieve the User’s obligation to pay for any fees payable to the Company prior to the date of Suspension or Termination. For the avoidance of doubt, there Company shall not refund any payment to the User in the event of Suspension or Termination.

10. LIABILITY AND INDEMNITY

10.1 The Services are provided on an as-is basis and to the extent permitted by Applicable Laws. The Company gives no representations and warranties, whether express or implied, of any kind including any implied terms of satisfactory quality or standard for a particular purpose, merchantability or non-infringement. Further, the Company does not warrant that the features and functions of the Services (whichever services thereunder that are applicable) will be uninterrupted or that such Services is free from any error, defect, virus or other elements. The Company will not be held liable to indemnify Users and the End Users for any disruption, interference, outage or non transmission, loss of content, damage to the End Users and the User’s devices caused by any bugs, virus or the like which may be transmitted through the actions of any party. The User agrees that the Company shall not be liable for any loss or damage incurred by the User which is caused by or in connection with the Services through the Platform.

10.2 The Company shall not be liable for any action taken or omitted to be taken by it while acting in good faith and in the exercise of its judgment under these Terms or any instrument executed pursuant thereto, including for any indirect, incidental, special, consequential or exemplary, or punitive damages (including but not limited to, damages for loss of profits, goodwill, use, business, revenues, data or other intangible losses), except for its own wilful, criminal misconduct nor be responsible for the effectiveness, enforceability, validity or due execution of these Terms.

10.3 The User and/or the End User agree to defend, indemnify (and keep indemnified) and holds the Company and its affiliates (if any) and its/their agents, directors, officers, employees, successors and/or assignees harmless from and against any claims, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with:

(a) the User’s and/or the End User misuse of the Services; (b) Acts of Default committed by the User and/or the End User; (c) the User’s and/or the End User’s violation or breach of any terms, conditions, intellectual property rights by third party, representations and warranties of any Applicable Laws, including any local laws or ordinances, whether or not referenced herein; (d) the Company’s enforcement or attempt to enforce the obligations of the User, and/or the End User other than where any such claims, liabilities, damages, costs, judgments losses or expenses arises solely as a result of the Company’s negligence.

11. CONFIDENTIALITY

11.1 The User acknowledges that the Confidential Information constitutes valuable proprietary information and trade secrets of the Company. The User agrees to preserve the confidential nature of such Confidential Information by retaining and using the Confidential Information in trust and confidence, solely for its use as permitted and in accordance with these Terms and the Other Terms.

11.2 This restriction on confidentiality shall apply indefinitely but shall cease to apply to the extent that:

(a) any information obtained from the User which becomes generally known to the public, other than by reason of any wilful or negligent act or omission of the User or any of their agents, advisers, directors, officers, employees, representatives or consultants; (b) any information which is required to be disclosed pursuant to any Applicable Laws or to any competent governmental or statutory authority or pursuant to the rules or regulations of any relevant regulatory, administrative or supervisory body (including without limitation, any relevant stock exchange or securities council) or order of a court or tribunal of competent jurisdiction whether in Malaysia or elsewhere; (c) any information disclosed by the User to their respective bankers, financial advisers, consultants, insurers and legal or other advisers for the purpose of these Terms.

12. GENERAL

Illegality and Severability

12.1 If any clause in these Terms is found by a competent court to be invalid, illegal, void, voidable or unenforceable for any reason, the User and the End User agree that the remaining part of that clause and all other clauses of these Terms shall remain valid and enforceable to the fullest extent permitted by law.

Assignment or Transfer

12.2 The User and the End User shall not assign, novate or transfer any of their respective rights, benefits and obligations under these Terms, unless the User or the End User (as the case may be) has obtained the prior written consent of the Company. The Company may without prior notice to the User and the End User and assign, novate and/or transfer all its rights, benefits and obligations under these Terms. In the event of any permitted assignment, novation and/or transfer, the assignee/novate/transferee undertakes to be bound by and perform the rights and obligations of the assignor/novator/transferor under these Terms.

Remedies and Waiver

12.3 Any failure or delay by us to enforce or exercise any clause of the Terms, rights and remedies at law or in equity shall not preclude any other or further exercise of our rights and remedies.

Force Majeure

12.4 Save for the obligation of payment, the Company shall not be liable for any breach of or failure to comply with the provisions of these Terms, if such breach or failure arises from an event of Force Majeure.

Subcontractors

12.5 The Company may use the services of subcontractors in the course of providing the Services and the User and/or the End User agrees that the Company may permit the subcontractors to exercise the rights of the Company under these Terms in order to provide the Services.

No Partnership or Agency

12.6 These Terms shall not operate so to create agency, partnership, joint venture or employment relationship between the parties.

Governing Law

12.7 These Terms shall be governed by and construed in accordance with the laws in force in Malaysia. Unless and otherwise required by Applicable Laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms against or relating to the User or the Company shall be referred and submitted to the jurisdiction of the court in Malaysia.

13. NOTICES

13.1 The User hereby consents to all notices and other communications which are required to be given by the Company under these Terms can be done in any one of the following manners:

(a) by ordinary post to the User’s last known address in our records and such notification shall be deemed received two (2) days after posting; (b) by electronic mail to the User’s last known email address in our records and such notification shall be deemed received twenty-four (24) hours after sending; (c) by being displayed on the Platform and such notification shall be deemed effective upon such display; (d) by notification in whichever form as the Company deems fit to the User’s Account on the Platform; (e) by notification to the User in any other manner as the Company deems fit.

13.2 Any notice to be given to the Company shall be in writing and shall be delivered by electronic transmission to the following email address:

Email: mengteck@abcsalesbot.com

14. REMITTANCES AND AMLA

14.1 The User confirms that any and all payments made to the Company shall come from a lawful source of activity and not unlawful activities, as defined under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”).

14.2 The User shall disclose and furnish to the Company any information required or deemed necessary and to the satisfaction of the Company in a timely manner within the period specified by the Company, whether or not for purposes of complying with AMLA and any other laws, rules and regulations.

15. INTEGRAL PART OF THESE TERMS

15.1 The User hereby acknowledges that these Terms and the Other Terms as well as all other policies that may be prescribed by the Company from time to time shall constitute an integral part of these Terms.

16. Pricing and Subscription Information

16.1 Subscription Plans

Users may select from the following subscription options:

1. Annual Plan

Price in RM: RM4,500 per year.
Price in USD: USD $997 per year.
Message Quota: Includes 36,000 outgoing messages per year.
Additional Messages: RM0.10 per outgoing message (if paid in RM) or USD $0.025 per outgoing message (if paid in USD).

2. Monthly Plan

Price in RM: RM450 per month.
Price in USD: USD $97 per month.
Message Quota: Includes 3,000 outgoing messages per month.
Additional Messages: RM0.10 per outgoing message (if paid in RM) or USD $0.025 per outgoing message (if paid in USD).

16.2 Payment Flexibility

Users, including Malaysian Users, may choose to pay in RM or USD based on their preference.
Users who switch from USD to RM (or vice versa) will not be entitled to any refunds or price adjustments for differences in exchange rates or pricing between currencies.
Each subscription term is locked to the currency selected at the time of payment and cannot be retroactively adjusted.

16.3 Third-Party Costs

The subscription fees cover only the use of ABC Salesbot platform features and do not include third-party costs such as:

Charges from Meta for WhatsApp Business API usage.
SMS fees from Twilio or other service providers.
Any other fees charged by third-party platforms or services.

These additional costs are the responsibility of the User and must be paid directly to the respective service providers.

16.4 Payment Terms

All payments are non-refundable except as outlined in Clause 8.3.
Any currency conversion fees, bank charges, or additional payment processor fees are the sole responsibility of the User.

16.5 Additional Usage Notifications

The Company may notify Users when they are nearing their outgoing message quota, but it is the User’s responsibility to monitor their usage and anticipate additional costs for exceeding the quota.